AGENDA DOCUMENTS
MEMORANDUM
20 February 1986
TO:
Peter L. Cheney, City Manager
FROM:
Carmen S. Annunziato, Planning Director
RE:
Boynton Commercenter - Permitted Uses
The purpose of this memo is to respond to your request for comment
concerning the list of uses suggested by Mr. Applefield, Director
of Leasing for inclusion with the list of previously permitted
uses in the Boynton Commercenter.
It is the opinion of the Planning Department that except for
package express and messenger services, the uses are not acceptable.
The reasons for this are as follows:
1. Food and food service businesses tend to produce odors
and the potential for other kinds of nuisances is
greatly enhanced. These kinds of uses could have a
serious affect on homes to the west.
2. Warehousing uses are more appropriately located in
an industrial zone, not a commerce park.
It is apparent that the applicant is attempting to change the
character of the Comrnercenter to one that would be totally in-
consistent with the original basis of approval and with existing
uses in the surrounding area, including uses currently located
in the Park. Furthermore, the ability to permit uses in a PID
is vested in the Planning and Zoning Board, by Ordinance.
For your information, I am attaching a copy of a memorandum I
prepared on January 23, 198~~which attempts to explain the intent
and purpose of PID's.
~J ~
CARMEN S. AN~ZIATO
/bks
Attachment
MEMORANDUM
23 January 1986
TO:
Peter L. Cheney, City Manager
FROM:
Carmen S. Annunziato, Planning Director
RE:
Permitted Uses at Boynton Comrnercenter
--..-- At the City Council meeting of January 21, 1986 two people spoke
under Public Audience in connection with permitted uses at the
Boynton Commercenter Planned Industrial Development. The first
speaker, Mr. Timothy Rand, would like to have the list of permitted
uses expanded at the Commercenter to include a gymnasium training
school with attendant manufacturing and distribution of gymnasium
training school equipment. The second speaker, Mr. Charles Carrin,
Pastor of the Grace Fellowship Congregation, is interested in having
churches added to the list of permitted uses. For your information,
you will find a list of uses permitted at the Boynton Comrnercenter
attached to ths memorandum as Exhibit A.
Current procedure has the Planning Department responding to requests
submitted by Commercenter representatives for a determination of
consistency of potential lesees with the approved list of permitted
uses. Two examples of such requests and a typical response are
attached for your information as Exhibit B. In this instance, the
Department's response resulted in the public requests of Mr. Rand
and Pastor Carrino
In order to understand the basis for approval by the Planning and
Zoning Board of the list of uses to be permitted at the Commercenter
Planned Industrial Development, it is necessary to consider the
foundation upon which the Planned Industrial Development District
regulations was built.
In the mid-1970's, the then newly appointed City Planner evaluated
the existing OP Industrial Office Park regulations based on current
trends in industrial land development and recommended a complete
restructuring of the District into a Planned Industrial Development
District patterned after model ordinances and with examples of
projects constructed consistent with similar regulations. After
the initial review of the proposed regulations, field trips, work-
shops and public hearings, the City Council adopted Ordinance
No. 77-9 which set in place a hybrid industrial district which
.
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Page Two.
took advantage of master planned development and listed as it's stated
Intent and Purpose, the following:
A. INTENT AND PURPOSE. A planned industrial development
district (PID) is established. The purpose of this
district is to provide a zoning classification for
light industrial development that will better satisfy
current demands for light industrial zoned lands by
encouraging development which will reflect changes in
the technology of land development and relate the
development of land to the specific site and to conserve
natural amenities.
-'4l
Regulations for the PID are intended to accomplish
a more desirable environment for industrial develop-
ment in relation to existing and/or future city
development, permit economies in providing public
services, allow for economies of scale in industrial
development, and to promote the public health, safety,
convenience, welfare and good government of the City
of Boynton Beach.
With respect to the permitted uses, the PID attempts to take ad-
vantage of changing techniques by not listing a set of permitted
uses. Instead, only office, professional, business (wholesale or
retail) or industrial uses which are found by the Planning and
Zoning Board to be (l) not in conflict with the standards listed
in Section 4-N of the zoning regulations (See Exhibit C) and (2)
consistent with the intent and purpose of the PID regulations. For
your information, I have included Section 7-E Uses Permitted of the
PID Zoning Regulations as Exhibit O.
In conclusion, it is my recommendation that the PIO regulations not
be altered to permit gymnasiums or churches as permitted uses, however,
under certain conditions, aspects of each might be construed to be
uses ancillary to other permitted uses, planned and constructed to
accomodate these uses such as a weight room in a health club or a
chapel in a large industrial facility.
Among the concerns raised by the inclusion of gymnasiums or churchs
in PID's are the following:
1. The interface of industrial/office traffic with
gymnasium/church traffic;
2. Inadequately designed sites in terms of parking
or occupancy;
3. Uses which are significantly different than those
contemplated in PIO's do not compliment existing
or potentially permissible uses and thus reduce
potential employment; and,
Page Three.
......,
/bks
Attachments
4.
The long term impacts associated with opening up
PIO's to uses similar or equal to gymnasiums or
churches. Additionally, the City has provided
adequate amounts of land zoned to accomodate these
uses, as gymnasiums are permitted in all C-3 and
C-4 zones and churches are permitted in all
residential and commercial zones.
C~/C ~
CARMEN S. ANNU~TO
MEMORANDUM
",
"
13 November 1985
-
TO:
OCCUPATIONAL LICENSE DEPT.
FROM:
JAMES J. GOLDEN, ASSIST~~ CITY PLANNER
:REVISED PERMITTED USES - BOYNTON COM!lliRCENTER PID
RE:
.-....
The following uses have been approved by the Planning and Zoning Board
at Boynton Commercenter, ,for the warehouse buildings located in this
Plann~d ~ndustrial Development (PID):
Permitted Uses, Not Requiring Environment~l Review Approval
Personal Services
Carpet and Upholstery Cleaning
. ,
Manufacturing, including co~pounding, assembly, repair, or
treatment of articles or merchandise =~o~ the following
previously prepared materials:
.
Cellophane -
Canvas.
Fiber {i.e., wood, except that f~~iture ~fg. regulres
environmental review) Fiberglass
Glass
Leather
Textiles
Yarn'
, .
Warehouse, distribution, wholesale
Any use listed in Sections B.A.c. (2),(3),(4),(6),(7),
(14), and~ (16)' of the "~-1 INDDS~~IAL DIS~~ICT" Zoning
Reoulations. Retail sales are allowed for goods listed
under these sections, provided that less t~an 50% of the
goods sold on the premises are sold at retail.
Page Two.
Operations Center -- requiring a mix of rroderate warehouse and
increased office use.
"
i.e., Bank Operations Center
Insurance Company Records Storage
. Government Operations Facility
Radio/Television Studio
Offices for contractors and 'other businesses
(storage, shops, and truck parking for contractors is
specifically propibited, however)
For these uses and other uses, up to 25% of the floor area can be
devoted to office use without being considered a seperate occupancy.
Above 25%, the office floorspace would have to meet the parking
requirements for office use (1 space per 300 square feet).
Us~s requiring' Environmental Review -- See Planning Department for
Application;. .
".
Manufacturing, including compounding, assenbling, repair,
treatment of articles or merchandise from the following
previously prepared materials:
or
Cosmetics
Drugs
Pharmeceuticals
Paper
Plastics
Metal (i.e~, machine shop)
'Wire
Rubber
Electrical appliances, instruments, devices, and components
Auto parts and equipment
Boat parts and equipment
Airplane parts and equipment
f1edical equipment, instruments, devices, and components
Furnit'lfre
precision instruments
Engraving, printing, and publishing
.
All uses no~ specifically listed above are prohibited. Fu+thermore, ,the
following uses are ~xpressly prohibited:
"
Fertilizer manufacturing, sale, or distribution
Millwork
Hetal casting
Y7elding shops
Contractoi!s shops, storage~ or truck parking
Retail sales, where the value of goods sold at retail exceeds
SO~ of the total value of goods sold from the premises.
Any warehouse or wholesale use which is listed in Section
8.A.2.b., Section 8.A.3.c., or Section 8.A.S.b. of the "11-1
INDUSTRIAL DISTRICT" Zoning Regulations.
~
Ilat
cc:
~I;-~
Building Official
Central File
BOYNTON COMMERCE CENTER INC.
'-
.-
Mr. James F. Golden
Assistant City Planner
City of Boynton Beach
Boynton Beach, Florida 33435
Dear Jim:
i ~ ,..-.,..........-
..I!....... 1M f1 ,.. ~ ~ T-D
-.J'--'~..:.. r ..on ~
JAN ~ 12,;8
PLANNING DEPT.
-
-
Janua ry 6, 1986
I am currently negotiating with Mr. Tim Rand of Boca
Raton, in which he plans to operate a gymnastics training school
for youth. This is a school for the serious gymnast with advisors
like coaches of the major college gymnastics teams in the area.
We foresee no parking problems as the youth will be dropped
off and pIcked up by their parents. Mr. Rand may establish a
course for adults during an early evening. The operation of trade
and industrial schools is a permitted use under Sec. 8A1D (5) of an
M-1 Industrial District.
I am hopeful that you will consider the enterprise of Tim
Ra~ a permitted use at the Boynton Commercenter, and a welcome ad-
dition to the City of Boynton Beach.
PJA/jan
1902 CORPORATE DRIVE
Yours sincerely,
.~'~
I,
Peter J. Applefield
Director of Leasing
BOYNTON BEACH, FLORIDA 33435
.
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'J 1:;86
PLANNiNG DEPT.
t
BOYNTON COMMERCE CENTER INC.
.-
t:
January 6, 1986
-.
Mr. James T. Golden
Assistant City Planner
City of Boynton Beach
Boynton Beach, Fl. 33435
Dear Jim:
I am currently negotiating with Pastor Charles C.
Carrin of 631 Snug Harbor Drive in Boynton Beach. Pastor
Carrin has expressed an interest in moving his congregation,
Grace! Fellowship, to the Boynton Commercenter.
The congregation would, of course, meet almost exclusively
on Sundays. Mr. Carrin and a few of his staff would operate dur-
ing the weekday out of an adjoining office. There would be an
occasional seminar during the week in the early evening.
I am hopeful that you will consider the Grace Fellowship
a desirable and welcome tenant to the Boynton Commercenter.
Yours sincerely,
Peter J. Applefield
Director of Leasing
PJA/jan
1902 CORPORATE DRIVE
BOYNTON BEACH, FLORIDA 33435
APPENDIX A-ZONING
Sec. 4
,.""
All other area under roof. . . . . . . . . . . . . . . . . . . . . . . . . . 100%
Accessory building shall not be counted as required living area.
L. BUFFER WALLS. For new construction or major modifica-
tion to existing developments, where a commercial and or indus-
trial district abuts a residential district, a solid, stucco masonry
wall painted on both sides at least six (6) feet in height shall be
located within the required side and/or rear yards except with
respect to corner lots, said buffer walls shall be required only on
interior lot lines. Said buffer walls shall not abridge any ease-
ment rights or be constructed over any existing utilities in any
easement area and shall be setback two (2) feet from adjoining
property lines. With respect to the C-1 (Office and Commercial
Professional District>, the solid masonry wall may be replaced
with a dense vegetative buffer of at least two (2) feet in height at
the time of planting. Said vegetative buffer to be maintained by
the project developer.
Construction of said decorative masonry wall or planting of
said vegetative buffer shall be completed prior to issuance of the
certificate of occupancy for the building or buildings sought to be
built in connection therewith.
M. SATELLITE DISH ANTENNAE. No satellite dish anten-
nae shall be installed, removed or substantially modified without
first obtaining a permit from the building official for structural
and electrical purposes. All applicants for such a permit shall be
required to submit sealed engineering drawings for structural
design in a form acceptable to the building official.
All satellite dish antennae installed to serve single-family or
duplex homes shall be ground-mounted. No satellite dish anten-
nae shall.be installed forward of the front of any building and
shall not encroach into side or rear yards. All satellite dish an-
tennae shall be screened on three (3) sides with hedges or walls of
at least six (6) feet in height.
N. PERFORMANCE STANDARDS. All uses located within
the city shall conform to the performance standards set forth
below, and shall be constructed, maintained, and operated so as
not to be a nuisance or hazard to persons, animals, vegetation, or
property located on adjacent or nearby properties or- rights-of-
Supp. No. 15
1901
.
---..---,---
Sec. 4
BOYNTON BEACH CODE
.......
way; or to interfere with the reasonable use or enjoyment of
adjacent or nearby property by reason of noise, vibration, smoke,
dust, or other particulate matter; toxic or noxious matter; odors,
glare, heat or humidity; radiation, electromagnetic interference,
fIre or explosion hazard, liquid waste discharge, or solid waste
accumulation. Furthermore, no use shall be carried out so as to
create any nuisance or hazard which is violation of any applica-
ble federal, state, county, or city law or permit, and all such laws
and permits are hereby adopted as performance standards in
these zoning regulations.
1. Noise. No use shall be carried out in any zoning district so
as to create sound which is in violation of section 15-8 of
the City of Boynton Beach Code of Ordinances, or which,
when transmitted to residential-zoned property from a non-
residential zoning district or use, exceeds the limits set
forth below for more than ten (10) per cent of any mea-
surement period, which period shall not be less than ten
(10) minutes, and which shall be measured at or within the
property boundary of any residential-zoned property. Fur-
thermore, no use shall be carried out in any zoning district
so as to create sound of any nature which is loud and
obviously offensive to a reasonably prudent person of nor-
mal sensitivity situated upon adjacent or nearby residential-
zoned property.
Sound level measurement shall be made with a Type 2 or
better sound level meter using the A-weighting scale in
accordance with the standards promulgated by the Ameri-
can National Standards Institute (ANSI).
Maximum permissible levels for sound for transmitted to
residential-zoned property from a nonresidential zoning.
district or use:
Supp. No. 15
1902
APPENDIX A-ZONING
Sec. 4
Noise Source
Mechanical equipment
which is permanently
affixed to real prop-
erty
All other sources
Time
Sound
Level
Limit
( dBA)
Any time
7:00 a.m. to 11:00 p.m.
11:00 p.m. to 7:00 a.m.
60
60
55
'-
In all cases where the provision set forth above conflict
with section 15-8 of the City of Boynton Beach Code of
Ordinances, the provisions of section 15-8 shall govern.
The provisions of this paragraph shall not apply at any
time to the following:
a. Sound emitted from the operation of motor vehicles
legally operating on any public right-of-way which are
regulated by Chapter 316, Florida Statutes, Uniform
Traffic Control Law, provided, however, that this ex-
emption shall not apply to any sound emitting device
which may be physically attached to any motor vehi-
cles, such as radios, amplifiers, loud speakers, or other
similar devices.
b. Any noise generated by interstate motor and rail car-
riers, and aircraft or airport operations.
c. Any noise generated as a result of emergency work or
for the purpose of alerting persons to t~e existence of
any emergency.
d. Any noise generated by any public speaking or public
assembly activities conducted on any public space or
public right-of-way pursuant to lawful authority, in-
cluding sporting events.
e. Noise generated by domestic power tools, or lawn mow-
ers and agricultural equipment, between the hours of
7:00 a.m. to 11:00 p.m.
f. Any noise operated by activity, machinery, or equip-
ment referred to in section 15-8(j) of the City of Boyn-
ton Beach Code of Ordinances, provided that such noise
otherwise conforms to section 15-8(j).
Supp. No. 15
1902.1
Sec. 4
BOYNTON BEACH CODE
......,
2. Vibrations. No use shall be carried out in any zoning dis-
trict so as to create inherently and recurrently generated
ground vibrations which are perceptible without instru-
ments at any point at or beyond the property lines of the
property on which the use is located. .
3. Smoke, dust, dirt, or other particulate matter. No use shall
be carried out within any zoning district so as to allow the
emission of smoke, dust, dirt, or other particular matter
which may cause damage to property or vegetation, dis-
comfort or harm to persons or animals, or prevent the
reasonable use and enjoyment of property and rights-of-
way, at or beyond the property lines of the property on
which the use is located. Furthermore, no use shall be
carried out so as to allow the emission of any substances in
violation of any federal, state, county, or city laws or per-
mits governing the emission of such substances.
4. Odors and fumes. No use shall be carried out in any indus-,
trial district so as to allow the emission of objectionable or
offensive odors or fumes in such concentration as to be
readily perceptible at any point at or beyond the boundary
of industrial districts. For all nonindustrial districts, the
standards contained in this paragraph shall apply where
the district abuts any residential district.
5. Toxic or noxious matter. No use shall be carried out in any
zoning district so as to allow the discharge of any toxic or
noxious matter in such concentrations as to cause damage
to property or vegetation, discomfort or harm to persons or
animals, or prevent the reasonable use and enjoyment of
property or rights-of-way, at or beyond the property line of
the property on which the use is located; or to contaminate
any public waters or any groundwater.
6. Fire and explosion hazards. No use shall be carried out in
any zoning district so as to create a fIre or explosion haz.
ard to adjacent or nearby property or rights-of-way, or any
persons or property thereon. Furthermore, the storage, use,
or production of flammable or explosive materials shall be
in conformance with the provisions of Chapter 9 of the
City of Boynton Beach Code of Ordinances.
Supp. No_ 15
1902.2
APPENDIX A-ZONING
Sec. 4
7. Heat, humidity, or glare. No use shall be carried out in
any zoning district so as to produce heat, humidity, or
glare which is readily perceptible at any point at or beyond
the property line of the property on which the use is locat-
ed. Artificial lighting which is used to illuminate any prop-
erty or use shall be directed away from any residential use
which is a conforming use according to these zoning regu-
lations, so as not to create a nuisance to such residential
uses.
......,
8. Liquid waste. No use shall be carried out in any zoning
district so as to dispose of liquid waste of any type, quanti.
ty, or manner which is not in conformance with the provi-
sions of Chapter 26 of the City of Boynton Beach Code of
Ordinances, or any applicable federal, state, or county laws
or permits.
9. Solid waste. No use shall be carried out in any zoning
district so as to allow the accumulation or disposal of solid
waste which is not in conformance with Chapter 10 of the
City of Boynton Beach Code of Ordinances, or which would
cause solid waste to be transferred in any manner to aelja-
cent or nearby property or rights-of-way.
10. Electromagnetic interference. No use shall be carried out
in any zoning district so as to create electromagnetic radi-
ation which causes abnormal degradation of performance
of any electromagnetic receptor of quality and proper de-
sign as defined by the principles and standards adopted by
the Institute of Electrical and Electronics Engineers, or
the Electronic Industries Association. Furthermore, no use
shall be carried out in any zoning district so as to cause
electromagnetic radiation which does not comply with the
Federal Communications Commission regulations, or which
causes objecticnable electromagnetic interference with nor-
mal radio or television reception in any zoning district.
(Ord. No. 75-35, H 3, 4, 11-4-75; Ord. No. 76-41, ~ 3,
10-5-76; Ord. No. 76-61, ~ I, 1-18-77; Ord. No. 76-56, ~ I,
2-1-77; Ord. No. 78-23, ~ I, 6-20.78; Ord. No. 78-24, ~ I,
6-6-78; Ord. No. 81-19, ~ 2, 6-16-81; Ord. No. 82-1, ~ I,
1-29-82; Ord. No. 83-15, U 1,2,5-17-83; Ord. No. 83-28, ~
Supp. No. 18
1902.3
Sec. 5
BOYNTON BEACH CODE
1, 9-20-83; Ord. No. 83-38, ~ 3, 12-20-83; Ord. No. 84-21, ~
1, 5-1-84; Ord. No. 84-31, ~ 1, 8-21-84)
.-
Section 5. Residential district regulation.s and use provisions.
A. R-l-AAASINGLE-FAMlLYRESIDENTIALDISI'RICT. These
district regulations will create the lowest population density of
not more than 3.48 dwelling units per acre.
1. Uses permitted. Within any R-l-AAA single-family resi-
dential district, no building, structure, land or water shall
be used except for one o( the following uses:
a. Single-family dwellings including the garages and other
customary accessory buildings. Carports are not al-
lowed. Disaster shelters are permitted. The shelters
are to be used only for the designated purpose in times
of danger.
b. Churches and other places of worship with their at-
tendant accessory uses, providing for a minimum site
of one acre with a minimum of one hundred fifty (150)
foot frontage. Nursery schools, primary and secondary
schools and colleges and universities are not to be
construed to be an accessory use to a place of worship
by these regulations.
c. City-owned and -operated facilities.
d. Private golf courses and associated clubhouse facili-
ties including private bath, swim, tennis or country
clubs and community or city-owned and -operated rec-
reation clubs and associations, sped-
Supp. No. 18
1902.4
APPENDIX A-ZONING
Sec. 7
...~
agreements and evidence of unified control shall be exam-
ined by the city attorney and no zoning of land to Pill
classification shall be adopted without a certification by
the city attorney that such agreements and evidence of
unified control meet the requirements of these zoning
regulations.
E. USES PERMITTED. In the Pill, a building and its custom-
ary ancillary structures and land uses may be erected, altered
and occupied for any office, professional, business (wholesale or
retail) or industrial use provided that such use or uses is(are)
approved by the planning and zoning board. In approving uses in
the PID, the planning and zoning board shall make findings that
the use or uses proposed will not be in conflict with the perfor-
mance standards listed in section 4-N of these zoning regulations,
and that the use or uses proposed is(are) consistent with the
intent and purpose of this section. In addition, uses permitted are
subject to limitations as follows:
1. Outdoor storage of materials may be permitted based on a
finding of the Planning and Zoning Board that such stor.
age does not exceed fifteen (15) per cent of the total square
footage of the building site and that such storage is screened
and fenced to preclude exposure to the public; and
2. All uses proposed which are listed in Section B-A.3 shall
require the issuance of an environmental review permit as
set forth in Section 11.3 of these zoning regulations.
F. USES PROHIBITED.
1. Residential uses with the exception of accessory hotels
or motels.
2. Acid manufacture.
3. Cement and/or lime manufacture or processing.
4. Lumber yards.
5. Asphalt and tar plants.
6. Manufacture or storage of explosives.
7. Packing plants, canning plants or slaughter yards.
Supp. No. 21
1925